Release of Liability & Indemnification Agreement

Read Carefully. This is an agreement with respect to the release of liability and waiver of legal rights (the “Agreement”).

1. Definitions. The person who is using a boat or personal watercraft or similar vessel (including the use of a personal watercraft known commonly as “Fliteboard”) (collectively, the “Vessel”) shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Fliteboard USA, LLC and Fly & Fly LLC its respective successors in interest, affiliated entities or personnel (including any Operators and/or Contractors), insurance carriers, agents, consultants, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means using a Vessel, and otherwise taking part in boating or the use of a Vessel. “Operator” or “Contractor” means [ “Operator” or “Contractor” ], including the owner of the company.
2. Acknowledgment of Activity. The Undersigned acknowledges that Participant has voluntarily requested and applied to participate in the instruction and operation of Fliteboard and the associated activities to be provided and conducted by the Operator or a Contractor of the Operator on the date of Undersigned’s signature below.
3. Risks of Activity. The Undersigned agrees and understands that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledges that the Activity is inherently dangerous and fully realizes the dangers of participating in the Activity. The risks and dangers of the Activity include, but are not limited to: changing weather or water conditions; debris; tides; currents; wake action; slips; falls; collisions, including but not limited to, collisions with other participants, boats, watercraft, and other manmade and natural objects or vessels; capsizing; sinking; exposure to elements; perils of the sea; drowning; marine and other wildlife; equipment failure and/or defects; operator error; loss of or damage to personal property; violations of law; accidents or illnesses in remote places without medical facilities; mental distress from exposure to any of the above; and negligence or wilful misconduct of others. THE UNDERSIGNED ACKNOWLEDGES THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT INTENDED TO BE A COMPLETE LIST AND THAT PARTICIPATING IN THE ACTIVITY MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF THE RELEASED PARTIES. RECOGNIZING THE RISKS AND DANGERS INVOLVED IN THE PARTICIPATION OF THE ACTIVITY, THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSES FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE, INCLUDING THE ASSUMPTION OF ALL RISKS OF DAMAGE, INJURY OR DEATH. THE PARTICIPANT UNDERSTANDS THAT HE/SHE HAS A DUTY TO EXERCISE REASONABLE CARE FOR HIS/ HER OWN SAFETY AND AGREES TO DO SO AND ASSERTS THAT HE/SHE IS PHYSICALLY FIT TO PARTICIPATE IN THE ACTIVITY.
4. Boat or Personal Watercraft Use and Damage. The Vessel is provided “as is” and with no warranties, express or implied. The Undersigned accepts full responsibility for the care of the such Vessel during the rental period. The Undersigned agrees to pay for any damage that occurs to the Vessel regardless of the circumstances under which such damage may occur. The Undersigned agrees to pay for any costs and expenses incurred in retrieval of rented Vessels which are left in water for non-mechanical reasons. The Undersigned agrees to pay all costs and expenses, including reasonable attorney’s fees, incurred by Released Parties to collect any sums due or to enforce any terms of this Agreement. The Undersigned agrees to pay interest of 18% per annum on all sums owed to Released Parties; provided that the total liability for payments of interest and payments in the nature of interest, including, without limitation, all charges, fees, exactions, or other sums which may at any time be deemed to be interest, shall not exceed the limit imposed by the usury laws of the jurisdiction governing this Agreement or any other applicable law. The Undersigned agrees that Released Parties shall be authorized and shall have the right to charge the Undersigned’s credit card for any sums owed.
5. Safety Policies: The Participant’s safety is the Operator’s first and most important concern. The Operator, or its Contractors, will make decisions based on a number of factors, which may include, but are not limited to the weather forecast and weather and other conditions prior to and during the preparation for the instruction and operation of Fliteboard. All decisions concerning safety, whether the instruction and operation of said Fliteboard is to occur, as well as its duration, are at the Operator’s, or its Contractor's, sole and absolute discretion. The Participant shall always have the discretion and choice not to participate in the instruction and operation of said Fliteboard.
6. Release and Indemnification: In consideration of the Participant being permitted to participate in the Activity, the Undersigned: (a) unconditionally releases, forever discharges, and agrees not to pursue any legal action against or involving the Released Parties relating to any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including, but not limited to claims of negligence or gross negligence, wilful misconduct, breach of warranty, and/or breach of contract that the Undersigned may or will have against the Released Parties; and (b) agrees to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any causes of actions, suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. To the best of the Undersigned’s knowledge, Participant has no physical or psychological conditions that will prohibit Participant from safely participating in the instruction & operation of said Fliteboard.
7. Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
8. Medical Care. The Undersigned fully understands that limited medical facilities may be available and that in the event of illness or injury, appropriate care must be summoned and treatment may be delayed. The Undersigned authorizes the Released Parties to request any medical care for Participant and/or to transport Participant to a proper medical facility or hospital if, in their opinion, medical attention is needed. The Undersigned agrees to pay all costs and expenses associated with such medical care and related transportation. The Released Parties have made no representations to the Undersigned or any Participant, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event that Participant shows signs of distress or calls for aid, Participant will not hold the Released Parties, their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.
9. Miscellaneous. The Undersigned agrees: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed and construed by the laws of the State of New York, and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Rockland County, New York; and (c) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned. The Undersigned certifies that he/she has carefully read this Agreement and fully understands its contents. Undersigned is aware that the Operator, and its Contractors, cannot guarantee the Participant’s safety during the instruction and operation of said Fliteboard and related activities, and that this is a release of liability and evidence of a contract between the Undersigned and the Operator or its Contractors, and the Undersigned execute this Agreement voluntarily and willingly of his/her own free will, in consideration for the instruction and operation of said Fliteboard to be provided to the Participant.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS.
I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.